Schlumpf

We are asked to consider the applicability of the Uniform Child Custody Jurisdiction Act (the Act). (Civ. Code, § 5150 et seq.)

The father, petitioner Walter E. Schlumpf, urges alternative views: (1) that California lacks jurisdiction under the Act to modify the existing child custody order and (2) that if California has jurisdiction the facts of this case compel the conclusion that Wyoming is a more appropriate jurisdiction to make the determination. Thus, he argues, the California court should stay the proceedings until the Wyoming court has an opportunity to act on the matter. On the other hand, the mother (real party in interest, Bobbie E. Schlumpf) contends that California not only has jurisdiction but is also the appropriate forum. In addition, she claims that the father waived his objection by making a general appearance.

We hold that California has jurisdiction under the Act to make the determination sought in the mother’s motion for modification. Nonetheless, the California court should stay the proceedings to permit such a proceeding to be brought in Wyoming. Our decision is based upon Civil Code section 5156. We thus reject the mother’s contention that the…